HomeMy Public PortalAboutZBAM 2007-04-26FRASER ZONING BOARD OF ADJUSTMENT
MINUTES
DATE: Thursday, April 26, 2007
PLACE: Town Hall Board Room
PRESENT
Board: Chairperson Debbie Knutson and Members: Karen Frye,
Jim Holahan and Steve Sumrall
Staff: Town Planner Catherine Trotter and Town Clerk Lu Berger
Others: See attached list
Chair Knutson called the meeting to order at 5:15 p.m.
Approval of Minutes from the September 13, 2005 meeting
Mr. Sumrall moved, and Ms. Frye seconded the motion to approve the minutes of the
September 13, 2005 meeting. Motion carried: 4-0.
TP Trotter explained to the Board Mr. Laraby is currently living outside the city limits
of Fraser, but would like to remain on the Board as he will be moving back into the
town limits in June of ’07.
According to Article 13-10 the variance requests require 4 Aye’s which would be an
unanimous vote from the Board.
Public Hearing and Action Item
a. Rear yard setback variance request submitted by Dan Yamagishi.
The encroachment into the rear yard is approximately two feet (2’).
The subject property is more legally described as follows:
Lot 27, East Mountain Filing 1, Rendezvous Reception # 2001 -002997 aka
1550 Rendezvous Road, Fraser
Mr. Sumrall moved, and Mr. Holahan seconded the motion to open the Public Hearing.
Motion carried: 4-0. Planner Trotter stated that the Notice of Hearing was published,
adjacent property owners had been notified by the Applicant, and the Fraser Board of
Trustees had submitted an opinion of approval on this matter, as required. The house
encroaches 0.91 feet into the setback and a second story deck encroaches 1.88 feet into the
setback.
TP Trotter introduced the home owner, Dan Yamagishi, and general contractor
Brad Smith to the Board. GC Smith outlined the variance request & how the
encroachment occurred. Letters of approval from all adjacent property owners
requesting the variance be granted have been received by GC Smith. Chair
Knutson expressed concern with the amount of these variances coming before
the Board. Would like to recommend to the Board fines be levied to prevent this
from occurring in the future.
The ZBA reviewed the matter; there was no public comment. Mr. Holahan moved, and Mr.
Sumrall seconded the motion to close the Public Hearing. Motion carried: 4-0
Ms. Frye moved, and Mr. Holahan seconded the motion that the application meets the
majority of the criteria for consideration of variance, and to approve the variance as follows:
house encroaches 0.91 feet into the setback and a second story deck encroaches 1.88 feet
into the setback. Motion carried: 4-0
b. Rear yard setback variance request submitted by Philip Naill/Eric
VanHerwaarden. The encroachment into the rear yard is
approximately eight feet (8’).
The subject property is more legally described as follows:
Lot MH-30 Ptarmigan Subdivision Reception # 125924
aka 850 Badger Lane Unit 1&2, Fraser
Mr. Holahan moved, and Ms. Frye seconded the motion to open the Public
Hearing. Motion carried: 4-0. Planner Trotter stated that the Notice of Hearing
was published, adjacent property owners had been notified by the Applicant,
and the Fraser Board of Trustees had submitted an opinion of approval on this
matter, as required. Unit #1 encroaches 8’ into a 10’ setback. The applicant
has building permit information from 1985 indicating that the Town signed off
on the site plan with this encroachment.
TP Trotter gives the Board the history of this lot & unit in this subdivision.
Board discussed the issue that has arisen from the approval of the building
permit made 22 years ago with this lot.
TP Trotter had spoken with an adjacent property owner. After giving him the
details of the request he was agreeable to allowing the variance. Robert Guy of
Badger Lane voiced his approval of the variance.
The ZBA reviewed the matter. Ms. Frye moved, and Mr. Holahan seconded the motion
to close the Public Hearing. Motion carried: 4 -0
Mr. Sumrall moved, and Mr. Holahan seconded the motion that the application
meets the majority of the criteria for consideration of variance, and to approve the
variance as follows: Lot MH-30 Ptarmigan Subdivision Reception # 125924 aka 850
Badger Lane Unit 1&2, Fraser Unit #1 encroaches 8’ into a 10’ setback Motion carried:
4-0
Chair Knutson asked for items not on the agenda. There were none.
Mr. Sumrall moved, and Ms. Frye seconded the motion to adjourn. Motion carried:
4-0, at 6:07 p.m.
________________________________________
Lu Berger, Town Clerk